Murder suspect seeks plea bargain in femicide case

Tinga Mwachiru Kiti at the Mombasa High Court on Wednesday / BRIAN OTIENO

Lewis Kazungu on the dock at the Mombasa High Court on Wednesday / BRIAN OTIENO

Lewis Kazungu, 22, the main suspect in the murder of Faridah Changawa, 17, has requested a plea bargain after the three witnesses testified against him in the High Court in Mombasa.

Through his lawyer Vincent Swanya of Ganzala and Ganzala Advocates, Kazungu said they believe a plea bargain will serve the interests of justice, spare the court and all parties a lengthy trial, and contribute positively to rehabilitation and resolution.

“Our client is willing to cooperate fully and comply with the terms of any plea arrangement that may be agreed upon,” the lawyer said.

A plea bargain is a negotiated agreement between a criminal defendant and a prosecutor, where the defendant pleads guilty or "no contest" to a crime in exchange for a concession, such as a lesser charge or a lighter sentence. 

This process avoids a lengthy trial and is a common way to resolve criminal cases efficiently, though it requires court approval. 

Prosecution counsel Frank Sirima and Changawa’s family counsel Duncan Osoro did not object to the request but said they need time to explain to the family what the plea bargain means and its implications.

“We need to discuss with the family on how to proceed on account of the defence proposal, Sirima said, requesting two weeks.

Osoro also said, “We can adjourn for today to inform the family on the new development and get their views on this matter.”

Justice Wendy Micheni directed that the family counsel meet with the family of Changawa and explain the plea bargain and its implications within seven days.

“The said meeting to be expedited to be done within the next seven days and then the outcome to be communicated with the prosecution team within the next seven days. Then we can mention the matter after 14 days,” Micheni said, adjourning the matter to December 18.

Earlier, Tinga Kiti had told the court he positively identified Changawa’s body at the Kilifi mortuary on June 12 and witnessed the postmortem.

He said he was in the company of DCI officers and Susan Taabu, Changawa’s aunt, during the postmortem.

Kiti, a farmer in Mferejini, said Changawa is like his granddaughter.

He said he is not familiar with Kazungu.

He was only informed of the incident on June 7, a day after it happened.

The International Justice Mission has been following up on the case ever since the incident occurred in Mferejini, Kijipwa, in Kilifi county on June 6.

In an earlier statement outside the court, IJM Mombasa manager Aggrey Juma said Changawa’s killing was not a love triangle but about “power, control and system, failure to protect survivors of violence”.

“Her death is a painful reminder of the persistent and deadly threat of violence against women and children in Kenya, particularly in vulnerable communities," he said.

“Changawa’s story reflects the harsh reality that many girls and women face–where poverty, gender inequity and weak enforcement of laws create a deadly environment for survivors.”

On Tuesday, two witnesses, Rose Umazi, who is Changawa’s aunt, and Kinani/Makomboani assistant chief Henry Randu, narrated before Justice Micheni the events leading to the murder.

Umazi positively identified the knife used to slit Changawa’s throat.

She said the knife, which was produced in court and which had dried blood stains, was Kazungu’s tool of trade.

Kazungu was hired by Changawa’s mother as a wine tapper in their homestead.

He used the knife while tapping wine from the coconut trees.

Umazi said Changawa was stabbed in the right side of the neck with the knife slicing through before protruding on the left side.

Randu testified that on June 7 at 2pm, he saw Kazungu visibly shaken and “disturbed” when he visited their farm where he had been seen.

Randu, who is the Kinani/Makomboani assistant chief, said he knew Kazungu as not a troublesome man, whom he had never had problems with.

The case started on Tuesday, coinciding with the start of the 16 Days of Activism to End Gender-based Violence.

Changawa was a double victim of sexual and gender-based violence after also having been defiled while she was 13 years old.

She left behind a nine-month-old baby at the time of her death.

INSTANT ANALYSIS:

Changawa was laid to rest Saturday, June 21 in an emotional send-off in Central Mavueni, Kilifi county. She was the fourth born in a family of six children and a Form 2 student at Ng’ombeni secondary school.